On July 2, 2024, the Occupational Safety and Health Administration (OSHA) introduced a proposed "heat rule" aimed at safeguarding employees from heat-related injuries and illnesses due to hazardous heat exposure. This rule is applicable to employers with ten or more employees and mandates the implementation of specific policies and procedures to protect workers from excessive heat.
The proposed regulation requires employers to act when certain "heat triggers" occur. For instance, if the heat index reaches 80°F, employers must provide drinking water and rest areas for their workers. At a heat index of 90°F, additional measures are necessary: monitoring workers for signs of excessive heat exposure, notifying them about the hazards, and providing paid fifteen-minute rest breaks every two hours.
The impact of this rule on businesses will vary based on factors like geographic location, industry type, the number of outdoor workers, and whether indoor workspaces have adequate ventilation or air conditioning. Christine Myers, president of Employers Association of New Jersey (EANJ), commented on the implications: “The Heat Rule will impact a wide range of New Jersey industries including agriculture, construction, New Jersey shore employees, utilities, dry cleaners and municipalities.” She further noted that while these industries already have safety practices in place for heat-related risks, “additional regulations may result in costly compliance hurdles, especially for small businesses.”
There are exceptions within the proposed rule; it does not apply to firefighters or emergency response personnel nor to employees working indoors in sedentary roles within air-conditioned spaces with minimal heat exposure.
As it stands now as a proposal only, the public comment period for this rule is open until December 30, 2024. EANJ has invited representatives from both industry sectors and public entities potentially affected by OSHA’s Heat Injury and Illness Prevention rule to join roundtable discussions. The goal is to assess how this regulation might influence operations and employee welfare.
“Information gathered at these roundtables will be instrumental to OSHA in achieving the goals of the Heat Bill without creating unnecessary red tape costs,” said Myers. These discussions aim to ensure that feedback is collected effectively during the public comment period.
For those interested in participating or seeking more information about these discussions can contact Christine Myers via email at christine@eanj.org or by phone at (908)451-7415.
EANJ functions as a nonprofit trade association focused on enhancing employer-employee relations while facilitating information exchange among employers. It does not provide legal services or opinions nor engage in legal practice activities.
